Five Little Known Facts About Debt Collectors' Rights

By Sean Payne

If you are in debt, you're probably already aware of the rights you have under the Fair Debt Collection Practices Act. The Fair Debt Collection Practices Act, which is also known as the FDCPA, says that you have the right to expect certain debt collection practices from debt collectors.

The FDCPA specifies exactly when debt collectors can contact you, how they can do it, and what they can tell you in order to collect on a debt. One example is that a bill collector can't tell you a lie or misrepresent the truth about your debt. The FDCPA was created after a long string of debt collectors abusing people to collect on debt. What you probably don't know about the FDCPA, however, is that even bill collectors have rights.

The first of their rights is to communicate with you in order to let you know about any debts you owe. They can do this via telephone or letter. In this communication, they can let you know exactly what you owe, including whatever fees or penalties they may charge you.

Second, a collector has the right to continue to contact you until you notify them in writing that you don't owe any money, that you don't owe all of the money, or that you require verification that you really owe the debt. Of course, the FDCPA limits when and how they can continue to contact you, but as long as they operate within the rules of the law, they can continue to contact you until you put a stop to it.

Third, the debt collector can continue to contact you even if you request that they stop contacting you, as long as the debt collector is actually the original creditor, or an in-house agency owned by the creditor. This is because the FDCPA recognizes creditors as being different than debt collectors, so they don't have to follow the same guidelines that debt collectors do. They do, however, still have to follow the same rules of decent behavior that debt collectors do. This includes not harassing people you know, or calling you at all hours during the night.

Fourth, debt collectors have the right to talk to other people regarding your debt. However, they can only do this once, and only to discover your address, your phone number, or your place of employment. They can't contact a third party more than once, because that would be harassment.

Lastly, debt collectors have the right to sue you in court to collect a debt from you. Of course, you can defend yourself in court, but if the judge decides against you, you may have your wages garnished to repay the debt.

When dealing with debt collectors, make sure that you know your rights under the law. But also make sure that you know the rights that the law gives to debt collectors. This knowledge can help you to better deal with them when and if they become a problem. - 29866

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